Recent Cases

Burgess v Assistant Minister for Home Affairs [2019] FCAFC 152 (30 August 2019) (Kerr, White and Charlesworth JJ)


MIGRATION – visa cancelled under s 501(3) of the Migration Act 1958 (Cth) – rules of natural justice inapplicable – whether Assistant Minister proceeded on an incorrect understanding that he was bound not to accord natural justice – whether Assistant Minister misunderstood the effect of an alternate cancellation power – whether any such error affected the exercise of the power under s 501(3) – whether it was open to the Assistant Minister to be satisfied that cancellation of the visa was in the national interest – whether the national interest criterion can only be fulfilled in circumstances warranting an urgent decision